Originalist vs. Living Constitution The originalist view and the living constituion view are two different ways that people view the Constitution and arguments for the right view have been going on for years now. Orginalism is the view that people should interpret the Constitution by its original meaning. This “meaning” is the meaning that the original founders of the Constitution intended it to be. Basically, these people view the Constitution as a finished project.
He was born as the property of the Peter Blow family since his parents were both slaves. The United States took possession of Missouri in 1804 and after much dispute on whether or not it would be a slavery state, an agreement known as the Missouri Compromise came about. This caused a balance in the number of free vs. slave states. Due to Missouri being located in the middle of what was freedom and slavery, there were major problems arising. The Blow family relocated to St. Louis in 1830 and then ran into some financial problems, which caused them sell Dred Scott to Dr. John Emerson.
Thomas Jefferson published the Declaration of Independence between the time of June 11 and June 28 in 1776. The purpose for this is something to live by. To not only know the freedom rights but to understand the liberty through out the draft. When Jefferson wrote this, he wrote that men should have equal rights. With knowing this knowledge of the Declaration
The first document I will analyze is The Declaration of Independence which I consider to be the most influenced by Locke's ideology of any document the founders drafted. This document was the official proclamation of freedom from the tyrannical rule of England over the American colonies. Thomas Jefferson, the chief architect of the Declaration of Independence was heavily influenced by Locke's philosophy of government which can easily be seen in the Declaration's text. For the most part, Locke would be
The most “eloquent” founding fathers all had slaves, including George Washington and Thomas Jefferson. In fact, Jefferson was in favor of liberties for the people of America, but denied these same liberties to African Americans. Most of the tobacco mentioned as a stimulant for the American economy actually came from Virginia, 40% to be precise. And the founding fathers also hailed from Virginia. Jefferson wanted land to be equally distributed among people, or at least given to people who had none, but would refuse to let his own slaves, or others, attempt to support them in a republic, which he desired.
In a passage from usconstitution.net it explains why “As for the slave trade, for quite some time in the Convention, it was debated hotly. The states of the Deep South wanted it maintained; the North and the middle south were opposed. But alliances between states kept some of the Northern states voting with the Deep South, and any prohibition in new slave imports or import taxes were defeated. As the Convention progressed, though, it became clear to the South and her allies that some compromise would be needed. In exchange for a prohibition on export taxes, the South agreed to allow the slave trade to continue for just 20 more years, and for imported slaves to be taxable.
The reason that they are not today is because of popular sovereignty. He argued that each state has the right to determine whether or not they shall be a free or slave state. The federal government does not have or deserve the right to restrict slavery. If popular sovereignty were in action, then perhaps all of the states would eventually abolish slavery as the other states before them had. Douglas reaffirms that slavery is mentioned in the constitution; which means that the act of slavery is protected in the constitution.
The North angered the South by violating the Fugitive Slave Act by helping slaves escape. This helped fuel the Civil War. The United States dealt with slavery by allowing free and slave states, separating the nation. The United States Constitution Article 1, Section 9 states, “The Migration or Importation of such Persons [slaves] now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding Ten dollars for each Person….”. The United States permitted slavery into their country as long slave owners paid on tax on their property (slaves).
Many people that read “Uncle Tom’s Cabin” became abolitionist and helped fight against slavery. There were other factors to the beginning of the civil war such as Dread Scott Case in 1857. When the Supreme Courts ruled that all slaves were property and they could be taken anywhere no matter the 36-30 line. Other factors were John Brown raid and Bleeding Kansas. Both angered the southern states closer to secession.
John Locke, who is often credited as the father of human rights and liberalism, maintained that humans were free and equal, and that the ideal society was based on a social contract between the humans and those who governed. He basically employed the concept of natural rights and the social contract to argue that the rule of law should replace absolutism in government, that rulers were subject to the consent of the governed and that individuals had an essential right to life, liberty and property. As we mentioned in class, Thomas Hobbes was the one who started the theory of social contract and developed it elaborately arguing for unlimited authority in a ruler. The intellectual journey of liberalism kept going beyond John Locke with the Enlightenment, a period in the 18th century that shows intellectual penetration that questioned old traditions and influenced monarchies. Some other documents asserting individual rights include 1689 the English Bill of Rights, 1789 the French Declaration on the Rights of Man and Citizen and 1791 the US Constitution and Bill of Rights that all are written precursors to today’s human rights documents.